Common use of Hold Over Clause in Contracts

Hold Over. If Tenant fails to surrender the Premises on the day after the expiration or termination of the Term, then Tenant shall, at Landlord's election, become a Tenant at sufferance at a monthly rental equal to twice the Monthly Base Rent for the last month of the Term. Tenant, as a tenant at sufferance, shall be subject to all of the conditions and covenants of this Lease (including payment of Percentage Rent and Additional Rent) as though the tenancy had originally been a monthly tenancy. During any holdover period, each party shall give to the other at least thirty (30) days' prior written notice to quit the Premises, except in the event of a nonpayment of Monthly Base Rent, Percentage Rent or of Additional Rent when due, or of the breach of any other covenant by the Tenant, in either of which events Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's notice to quit being expressly waived. The foregoing notwithstanding, in the event Tenant shall hold over after expiration of the Term, Landlord, at its election or option (and in lieu of accepting such holdover thereof), may re-enter and take possession of the Premises forthwith, without process, or by any legal action or process in force in the jurisdiction in which the Building is located. Further, in the event of any such holdover to which Landlord objects, Tenant shall be liable to Landlord and any other tenants with an interest in the Premises for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord the reasonable value of its use of the Premises, which is hereby agreed to be two hundred percent (200%) the Rent under this Lease during the last month of the Term.

Hold Over. If Tenant fails to shall not immediately surrender the Premises on the day after the end of the term hereby created, then Tenant shall, by virtue of this agreement, become, at Landlord's option, either (a) a tenant at sufferance, or (b) a tenant from month-to-month. In either of such events, rent shall be payable at a monthly or daily rate, as the case may be, of one and one-half (1.5) times the Base Rent and Additional Rental payable by Tenant immediately prior to the expiration or termination of the Termterm, then Tenant shall, at Landlord's election, become a Tenant at sufferance at a monthly rental equal with said tenancy to twice commence on the Monthly Base Rent for first day after the last month end of the Term. Tenant, as a tenant at sufferance, term above demised; and said tenancy shall be subject to all of the conditions and covenants of this Lease insofar as such covenants and conditions are applicable thereto. Nothing contained in this Lease shall be construed as a consent by Landlord to the occupancy or possession of the Premises after the expiration of the term AV-BTRL6.LSE MVD-5/6/97 of this Lease. If Landlord fails to make an election under clause (including payment a) or (b) within ten (10) days after the expiration or termination of Percentage Rent and Additional Rent) as though the term, the hold-over tenancy had originally been shall be deemed to be a monthly tenancytenancy from month-to-month. During any holdover periodIf Tenant holds over a s a month-to- month tenant, each party hereto shall give to the other at least thirty (30) days' prior written notice to quit the PremisesPremises (any right to a longer notice period being hereby expressly waived), except in the event of a nonpayment non-payment of Monthly Base Rent, Percentage Rent rent in advance or of the other Additional Rent Rents provided for herein when due, or of the breach of any other covenant by the said Tenant, in either of which events event Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's days' notice to quit being expressly waived. The foregoing notwithstanding; provided, however, that in the event Tenant shall hold over after expiration of the Termterm hereby created, Landlordand if Landlord shall desire to regain possession of said Premises promptly at the expiration of the term aforesaid, then at any time prior to the date Landlord makes (or is deemed to have made) its election under clause (b) of this Article 27, Landlord at its election or option (and in lieu of accepting such holdover thereof)option, may re-enter and take possession of the Premises forthwith, without process, or by any legal action or process in force in the jurisdiction state in which the Building Premises is located. Further; provided, however, that if Landlord has accepted rent for any period beyond the expiration of the term and Tenant is not then in default under any of the event provisions of this Lease, Landlord shall promptly refund to Tenant an amount equal to any such holdover excess rental received by Landlord with respect to which any period after Landlord objects, Tenant shall be liable exercises its right to Landlord and any other tenants with an interest in re-enter the Premises for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord the reasonable value of its use of the Premises, which is hereby agreed to be two hundred percent (200%) the Rent under this Lease during the last month of the TermArticle 27.

Hold Over. If Tenant fails to shall not immediately surrender the Premises on the day after at the expiration or termination of the Term, Term then Tenant shall, at Landlord's electionby virtue of the provisions of this Section 21, become a tenant by the month. In such event Tenant at sufferance at a monthly rental equal shall be required to twice pay two hundred percent (200%) of the amount of the Monthly Base Rent for then in effect and as subsequently escalated in accordance with the provisions hereof, together with all Additional Rent and the Electricity Charge in effect during the last month of the Term commencing said monthly tenancy with the first day next after the end of the Term. ; and said Tenant, as a tenant at sufferancemonth-to-month tenant, shall be subject to all of the conditions and covenants of this Lease (including payment of Percentage Rent and Additional Rent) as though the tenancy same had originally been a monthly tenancy, except as otherwise provided above with respect to the payment of Rent. During any holdover period, each Each party hereto shall give to the other at least thirty (30) days' prior written notice to quit the Premises, except in the event of a nonpayment non-payment of Monthly Base Rent, Percentage Rent or of Additional Rent provided for herein when due, or of the breach of any other covenant by the said Tenant, in either of which events event, Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's days' notice to quit being expressly waived. The foregoing notwithstanding; provided, however, that in the event that Tenant shall hold over after expiration of the Term, and if Landlord shall desire to regain possession of said Premises promptly at the expiration of the Term, then at any time prior to the acceptance of the Rent by Landlord from Tenant, as a monthly tenant hereunder, Landlord, at its election or option (and in lieu of accepting such holdover thereof)option, may re-enter reenter and take possession of the Premises forthwith, without process, or by any legal action or process in force in the jurisdiction in which the Building is located. Further, in the event State of any such holdover to which Landlord objects, Tenant shall be liable to Landlord and any other tenants with an interest in the Premises for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord the reasonable value of its use of the Premises, which is hereby agreed to be two hundred percent (200%) the Rent under this Lease during the last month of the TermNew Jersey.

Hold Over. If Tenant fails to shall not immediately surrender the Premises on the day after at the expiration or termination of the Term, Term then Tenant shall, at Landlord's electionby virtue of the provisions of this Section 21, become a tenant by the month. In such event Tenant at sufferance at a monthly rental equal shall be required to twice pay two hundred percent (200%) of the amount of the Monthly Base Rent for then in effect and as subsequently escalated in accordance with the provisions hereof, together with all Additional Rent in effect during the last month of the Term commencing said monthly tenancy with the first day next after the end of the Term. ; and said Tenant, as a tenant at sufferancemonth-to-month tenant, shall be subject to all of the conditions and covenants of this Lease (including payment of Percentage Rent and Additional Rent) as though the tenancy same had originally been a monthly tenancy, except as otherwise provided above with respect to the payment of Rent. During any holdover period, each Each party hereto shall give to the other at least thirty (30) days' prior days written notice to quit the Premises, except in the event of a nonpayment non-payment of Monthly Base Rent, Percentage Rent or of Additional Rent provided for herein when due, or of the breach of any other covenant by the said Tenant, in either of which events event, Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's days notice to quit being expressly waived. The foregoing notwithstanding; provided, however, that in the event that Tenant shall hold over after expiration of the Term, and if Landlord shall desire to regain possession of said Premises promptly at the expiration of the Term, then at any time prior to the acceptance of the Rent by Landlord from Tenant, as a monthly tenant hereunder, Landlord, at its election or option (and in lieu of accepting such holdover thereof)option, may re-enter reenter and take possession of the Premises forthwith, without process, or by any legal action or process in force in the jurisdiction in which the Building is located. Further, in the event Commonwealth of any such holdover to which Landlord objects, Tenant shall be liable to Landlord and any other tenants with an interest in the Premises for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord the reasonable value of its use of the Premises, which is hereby agreed to be two hundred percent (200%) the Rent under this Lease during the last month of the TermVirginia.

Hold Over. If Tenant fails to surrender In the Premises on event Lessee continues in possession without the day consent of Lessor after the expiration or termination end of the TermTerm of this Lease or any renewal or extension hereof, then Tenant shall, at Landlord's election, become a Tenant at sufferance at a Lessee agrees to pay as monthly rental equal to twice 150% of the Monthly Base Rent amount payable as rent by Lessee for the last month of the Term. Tenantterm of this lease (that is, twice the Basic Monthly Rental as a tenant at sufferanceadjusted according to the provisions of Article 4 of this Lease, and any other provisions hereof), which amount shall become the new Basic Monthly Rental in substitution for the amount set forth in Article 1 above, and shall be subject to the same escalation provisions as apply to the present Basic Monthly Rental thereunder, and all other forms of additional rent provided for under this Lease. Lessee also agrees to keep and fulfill all of the other material covenants, conditions, and agreements hereof, and in the case of default or breach of any of said covenants, conditions and covenants of this Lease (including payment of Percentage Rent and Additional Rent) as though the tenancy had originally been agreements, hereby waives its right to a monthly tenancy. During any holdover period, each party shall give to the other at least thirty (30) days' prior written day or any other notice to quit the Premisesquit; provided, except however, that in the event of a nonpayment of Monthly Base Rent, Percentage Rent or of Additional Rent when due, or of the breach of any other covenant by the Tenant, in either of which events Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's notice to quit being expressly waived. The foregoing notwithstanding, in the event Tenant that Lessee shall hold over after the expiration of the Termterm hereby created, Landlordor after expiration of the 30 day notice to quit referred to above, or after breach of any of the terms and conditions of this Lease, and if Lessor shall desire to regain possession of the Demised Premises promptly at the expiration of the term aforesaid, or upon expiration of said 30 day notice, or upon such breach, then, in any of said events, Lessor, at its election or option (and in lieu of accepting such holdover thereof)option, may forthwith re-enter and take possession of the Demised Premises forthwithit being specifically understood and agreed that, without processin any such event, Lessor shall be entitled to accept monthly payments in the amount of the holder over rent provided for in this Article 25 from Lessee for such period after such expiration of the term, or by any legal action of the 30 day notice to quit, or process after such breach, as Lessee shall remain in force in occupancy of the jurisdiction in Demised Premises, which the Building is located. Further, in the event of any such holdover to which Landlord objects, Tenant payments shall be liable to Landlord and any other tenants with an interest in the Premises for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord deemed the reasonable value of its the use and occupation of the PremisesDemised Premises for the period of Lessee's continued occupancy thereof until Lessor regains possession, which is and such acceptance shall not constitute a waiver of Lessor's right to terminate the Lease, or any hold over period thereof, and Lessor hereby agreed disclaims any intention to be two hundred percent (200%) waive its right to terminate the Rent under this Lease during the last month Lease, or any hold over period thereof, by its acceptance of the Termsuch payment(s).

Hold Over. If Tenant fails to Subtenant shall not immediately surrender the Premises on at the day after the expiration or termination end of the Term, then Tenant Subtenant shall, at Landlord's electionby virtue of this Sublease, become a Tenant tenant at sufferance at a monthly rental equal to the greater of (i) twice the Monthly monthly installment of Base Rent for due just prior to the last month expiration or termination of the Term or (ii) the holdover rent and/or penalties incurred by Sublandlord under the terms of the Prime Lease due to Subtenant’s holdover in the Premises, commencing such monthly tenancy with the first day following the end of the Term. TenantSubtenant, as a tenant at sufferance, shall be subject to all of the conditions and covenants of this Lease (including payment of Percentage Rent and Additional Rent) Sublease as though the tenancy had originally been a monthly tenancy. During any the holdover period, each party hereto shall give to the other at least thirty (30) days' prior ’ written notice to quit the Premises, except in the event of a nonpayment of Monthly Base Rent, Percentage Rent or of Additional Rent when due, or of the breach of any other covenant provision hereof by the TenantSubtenant, in either of which events Tenant event, Subtenant shall not be entitled to any notice to quit, the usual thirty (30) day's days notice to quit being expressly waived. The foregoing notwithstandingCONFIDENTIAL TREATMENT FOR THIS EXHIBIT HAS BEEN REQUESTED FROM THE SECURITIES AND EXCHANGE COMMISSION PORTIONS OF THIS EXHIBIT HAVE BEEN REDATED, in the event Tenant shall hold over after expiration of the Term, Landlord, at its election or option (and in lieu of accepting such holdover thereof), may re-enter and take possession of the Premises forthwith, without process, or by any legal action or process in force in the jurisdiction in which the Building is located. Further, in the event of any such holdover to which Landlord objects, Tenant shall be liable to Landlord and any other tenants with an interest in the Premises for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord the reasonable value of its use of the Premises, which is hereby agreed to be two hundred percent (200%) the Rent under this Lease during the last month of the Term.AND THE REDATED PORTIONS HAVE BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION

Hold Over. If Tenant fails to shall not immediately surrender the Premises on the day after the end of the term hereby created, then Tenant shall, by virtue of this agreement, become, at Landlord's option, either (a) a tenant at sufferance, or (b) a tenant from month-to-month. In either of such events, rent shall be payable at a monthly or daily rate, as the case may be, of one hundred and fifty percent (150%) the Base Rent and Additional Rental payable by Tenant immediately prior to the expiration or termination of the Termterm, then Tenant shall, at Landlord's election, become a Tenant at sufferance at a monthly rental equal with said tenancy to twice commence on the Monthly Base Rent for first day after the last month end of the Term. Tenant, as a tenant at sufferance, term above demised; and said tenancy shall be subject to all of the conditions and covenants of this Lease insofar as such covenants and conditions are applicable thereto. Nothing contained in this Lease shall be construed as a consent by Landlord to the occupancy or possession of the Premises after the expiration of the term of this Lease. If Landlord fails to make an election under clause (including payment a) or (b) within ten (10) days after the expiration or termination of Percentage Rent and Additional Rent) the term, the hold-over tenancy shall be deemed to be a tenancy from month-to-month. If Tenant holds over as though the tenancy had originally been a monthly tenancy. During any holdover periodmonth-to-month tenant, each party hereto shall give to the other at least thirty (30) days' prior written notice to quit the PremisesPremises (any right to a longer notice period being hereby expressly waived), except in the event of a nonpayment non-payment of Monthly Base Rent, Percentage Rent rent in advance or of the other Additional Rent Rents provided for herein when due, or of the breach of any other covenant by the said Tenant, in either of which events event Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's days' notice to quit being expressly waived. The foregoing notwithstanding; provided, however, that in the event Tenant shall hold over after expiration of the Termterm hereby created, Landlordand if Landlord shall desire to regain possession of said Premises promptly at the expiration of the term aforesaid, then at any time prior to the date Landlord makes (or is deemed to have made) its election under clause (b) of this Article 28, Landlord at its election or option (and in lieu of accepting such holdover thereof)option, may re-enter and take possession of the Premises forthwith, without process, or by any legal action or process in force in the jurisdiction state in which the Building Premises is located. Further; provided, however, that if Landlord has accepted rent for any period beyond the expiration of the term and Tenant is not then in default under any of the event provisions of this Lease, Landlord shall promptly refund to Tenant an amount equal to any such holdover excess rental received by Landlord with respect to which any period after Landlord objects, Tenant shall be liable exercises its right to Landlord and any other tenants with an interest in re-enter the Premises for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord the reasonable value of its use of the Premises, which is hereby agreed to be two hundred percent (200%) the Rent under this Lease during the last month of the TermArticle 28.

Hold Over. If Tenant fails to shall not immediately surrender the Premises on the day after at the expiration or termination of the Term, Term then Tenant shall, at Landlord's electionby virtue of the provisions of this Section 21, become a tenant by the month. In such event Tenant at sufferance at a monthly rental equal shall be required to twice pay (unless Landlord and Tenant are negotiating in good faith to extend the Term of the Lease) one hundred fifty percent (150%) (which percentage shall be increased to two hundred percent (200%) as of the sixty-first (61st) day of such holdover) of the amount of the Monthly Base Rent then in effect and as subsequently escalated in accordance with the provisions hereof (but in no event less than the then-current fair market rental value for the Premises), together with all Additional Rent in effect during the last month of the Term commencing said monthly tenancy with the first day next after the end of the Term. ; and said Tenant, as a tenant at sufferancemonth-to-month tenant, shall be subject to all of the conditions and covenants of this Lease (including payment of Percentage Rent and Additional Rent) as though the tenancy same had originally been a monthly tenancy, except as otherwise provided above with respect to the payment of Rent. During any holdover period, each Each party hereto shall give to the other at least thirty (30) days' prior days written notice to quit the Premises, except in the event of a nonpayment non-payment of Monthly Base Rent, Percentage Rent or of Additional Rent provided for herein when due, or of the breach of any other covenant by the said Tenant, in either of which events event, Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's days notice to quit being expressly waived. The foregoing notwithstanding; provided, however, that in the event that Tenant shall hold over after expiration of the Term, and if Landlord shall desire to regain possession of said Premises promptly at the expiration of the Term, then at any time prior to the acceptance of the Rent by Landlord from Tenant, as a monthly tenant hereunder, Landlord, at its election or option (and in lieu of accepting such holdover thereof)option, may re-enter reenter and take possession of the Premises forthwith, without process, or forthwith by any legal action or process in force in the jurisdiction in which the Building is located. Further, in the event State of any such holdover to which Landlord objects, Tenant shall be liable to Landlord and any other tenants with an interest in the Premises for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord the reasonable value of its use of the Premises, which is hereby agreed to be two hundred percent (200%) the Rent under this Lease during the last month of the TermMaryland.

Hold Over. If Tenant fails to shall not immediately surrender the Premises on the day after the end of the term hereby created, then Tenant shall, by virtue of this agreement, become, at Landlord’s option, either (a) a tenant at sufferance, or (b) a tenant from month-to-month. In either of such events, rent shall be payable at a monthly or daily rate, as the case may be, of one and one-half (11/2) times the Base Rent and Additional Rental payable by Tenant immediately prior to the expiration or termination of the Termterm, then Tenant shall, at Landlord's election, become a Tenant at sufferance at a monthly rental equal with said tenancy to twice commence on the Monthly Base Rent for first day after the last month end of the Term. Tenant, as a tenant at sufferance, term above demised; and said tenancy shall be subject to all of the conditions and covenants of this Lease insofar as such covenants and conditions are applicable thereto. Nothing contained in this Lease shall be construed as a consent by Landlord to the occupancy or possession of the Premises after the expiration of the term of this Lease. If Landlord fails to make an election under clause (including payment a) or (b) within ten (10) days after the expiration or termination of Percentage Rent and Additional Rent) as though the term, the hold-over tenancy had originally been shall be deemed to be a monthly tenancytenancy from month-to-month. During any holdover periodIf Tenant holds over a s a month-to-month tenant, each party hereto shall give to the other at least thirty (30) days' prior ’ written notice to quit the Premisesthe’ Premises (any right to a longer notice period being hereby expressly waived), except in the event of a nonpayment non-payment of Monthly Base Rent, Percentage Rent rent in advance or of the other Additional Rent Rents provided for herein when due, or of the breach of any other covenant by the said Tenant, in either of which events event Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's days’ notice to quit being expressly waived. The foregoing notwithstanding; provided, however, that in the event Tenant shall hold over after expiration of the Termterm hereby created, Landlordand if Landlord shall desire to regain possession of said Premises promptly at the expiration of the term aforesaid, then at any time prior to the date Landlord makes (or is deemed to have made) its election under clause (b) of this Article 27, Landlord at its election or option (and in lieu of accepting such holdover thereof)opinion, may re-enter and take possession of the Premises forthwith, without process, or by any legal action or process in force in the jurisdiction state in which the Building Premises is located. Further; provided, however, that if Landlord has accepted rent for any period beyond the expiration of the term and Tenant is not then in default under any of the event provisions of this Lease, Landlord shall promptly refund to Tenant an amount equal to any such holdover excess rental received by Landlord with respect to which any period after Landlord objects, Tenant shall be liable exercises its right to Landlord and any other tenants with an interest in re-enter the Premises for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord the reasonable value of its use of the Premises, which is hereby agreed to be two hundred percent (200%) the Rent under this Lease during the last month of the TermArticle 27.

Hold Over. If Tenant fails to shall not immediately surrender the Premises on the day after at the expiration or termination of the Term, Term then Tenant shall, at Landlord's electionby virtue of the provisions of this Section 21, become a tenant by the month. In such event Tenant at sufferance at a monthly rental equal shall be required to twice pay one hundred fifty percent (150%) of the amount of the Monthly Base Rent for then in effect and as subsequently escalated in accordance with the provisions hereof, together with all *Confidential Treatment Requested Additional Rent in effect during the last month of the Term commencing said monthly tenancy with the first day next after the end of the Term. ; and said Tenant, as a tenant at sufferancemonth-to-month tenant, shall be subject to all of the conditions and covenants of this Lease (including payment of Percentage Rent and Additional Rent) as though the tenancy same had originally been a monthly tenancy, except as otherwise provided above with respect to the payment of Rent. During any holdover period, each Each party hereto shall give to the other at least thirty (30) days' prior days written notice to quit the Premises, except in the event of a nonpayment non-payment of Monthly Base Rent, Percentage Rent or of Additional Rent provided for herein when due, or of the breach of any other covenant by the said Tenant, in either of which events event, Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's days’ notice to quit being expressly waived. The foregoing notwithstanding; provided, however, that in the event that Tenant shall hold over after expiration of the Term, and if Landlord shall desire to regain possession of said Premises promptly at the expiration of the Term, then at any time prior to the acceptance of the Rent by Landlord from Tenant, as a monthly tenant hereunder, Landlord, at its election or option (and in lieu of accepting such holdover thereof)option, may re-enter reenter and take possession of the Premises forthwith, without process, or by any legal action or process in force in the jurisdiction in which the Building is located. Further, in the event State of any such holdover to which Landlord objects, Tenant shall be liable to Landlord and any other tenants with an interest in the Premises for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord the reasonable value of its use of the Premises, which is hereby agreed to be two hundred percent (200%) the Rent under this Lease during the last month of the TermMaryland.

Hold Over. If Tenant fails to surrender shall hold-over after the expiration of this Lease, the parties hereby agree that Tenant's occupancy of the Premises after the expiration of the term shall be under a month-to-month tenancy commencing on the first day after the expiration or termination of the TermExpiration Date, then Tenant shall, at Landlord's election, become a Tenant at sufferance at a monthly rental equal to twice the Monthly Base Rent for the last month of the Term. Tenant, as a tenant at sufferance, and shall be subject to upon all of the terms and conditions set forth herein, except that Tenant shall pay for each month of Tenant's continued use and covenants occupancy of the Premises during which Tenant shall hold-over a sum equal to one-twelfth (1/12) of: (x) one hundred ten (110%) percent of the Annual Rental which would have been payable by Tenant had Tenant exercised its Renewal Option (as such amount is determined in accordance with Section 4.04(a)(i)), plus (y) the Additional Rent paid by Tenant during the preceding twelve (12) months pursuant to Sections 4.02 and 4.03 of this Lease (including payment of Percentage Rent and Additional Rent) as though the tenancy had originally been a monthly tenancy. During any holdover periodLease; provided, each party shall give to the other at least thirty (30) days' prior written notice to quit the Premiseshowever, except in the event of a nonpayment of Monthly Base Rent, Percentage Rent or of Additional Rent when due, or of the breach of any other covenant by the Tenant, in either of which events that if Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's notice to quit being expressly waived. The foregoing notwithstanding, in the event Tenant shall hold over after expiration of the Term, Landlord, at its election or option (and in lieu of accepting such holdover thereof), may re-enter and take possession of have vacated the Premises forthwith, without process, or by any legal action or process in force in the jurisdiction in which the Building is located. Further, in the event of any such holdover to which Landlord objects, Tenant shall be liable to Landlord and any other tenants with an interest in the Premises for any and all damages incurred as a result of such holdoveran Excusable Delay, and or if Tenant shall have been conducting good faith negotiations with Landlord in addition pay connection with a renewal or extension of this Lease beyond the expiration of the Initial Term or the Renewal Term, then, for the ninety (90) day period following the expiration of this Lease, the reference in clause (x) above to one hundred ten (110%) percent shall be deemed to be one hundred (100%) percent. The payment provided in this Section 31.08 shall be in lieu of any other remedy or payment that shall be available to Landlord under this Lease or at law, including, without limitation, damages, for holding-over, but the reasonable value of its use same shall not detract from Landlord's right to continue to seek to obtain possession of the Premises, which is hereby agreed to be two hundred percent (200%) the Rent under this Lease during the last month of the Term.

Hold Over. If Tenant fails to shall not immediately surrender the Premises on the day after the end of the term hereby created, then Tenant shall, by virtue of this agreement, become, at Landlord's option, either (a) a tenant at sufferance, or (b) a tenant from month-to-month. In either of such events, rent shall be payable at a monthly or daily rate, as the case may be, of one and one- half the Minimum Rent and Additional Rental payable by Tenant immediately prior to the expiration or termination of the Termterm, then Tenant shall, at Landlord's election, become a Tenant at sufferance at a monthly rental equal with said tenancy to twice commence on the Monthly Base Rent for first day after the last month end of the Term. Tenant, as a tenant at sufferance, term above demised; and said tenancy shall be subject to all of the conditions and covenants of this Lease insofar as such covenants and conditions are applicable thereto. Nothing contained in this Lease shall be construed as a consent by Landlord to the occupancy or possession of the Premises after the expiration of the term of this Lease. If Landlord fails to make an election under clause (including payment a) or (b) within ten (10) days after the expiration or termination of Percentage Rent and Additional Rent) the term, the hold-over tenancy shall be deemed to be a tenancy from month-to-month. If Tenant holds over as though the tenancy had originally been a monthly tenancy. During any holdover periodmonth-to-month tenant, each party hereto shall give to the other at least thirty (30) days' prior written notice to quit the PremisesPremises (any right to a longer notice period being hereby expressly waived), except in the event of a nonpayment non-payment of Monthly Base Rent, Percentage Rent rent in advance or of the other Additional Rent Rents provided for herein when due, or of the breach of any other covenant by the said Tenant, in either of which events event Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's days' notice to quit being expressly waived. The foregoing notwithstanding; provided, however, that in the event Tenant shall hold over after expiration of the Termterm hereby created, Landlordand if Landlord shall desire to regain possession of said Premises promptly at the expiration of the term aforesaid, then at any time prior to the date Landlord makes (or is deemed to have made) its election under clause (b) of this Article 29, Landlord at its election or option (and in lieu of accepting such holdover thereof)option, may re-enter and take possession of the Premises forthwith, without process, or by any legal action or process in force in the jurisdiction state in which the Building Premises is located. Further; provided, however, that if Landlord has accepted rent for any period beyond the expiration of the term and Tenant is not then in default under any of the event provisions of this Lease, Landlord shall promptly refund to Tenant an amount equal to any such holdover excess rental received by Landlord with respect to which any period after Landlord objects, Tenant shall be liable exercises its right to Landlord and any other tenants with an interest in re-enter the Premises for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord the reasonable value of its use of the Premises, which is hereby agreed to be two hundred percent (200%) the Rent under this Lease during the last month of the TermArticle 29.

Hold Over. If Tenant fails to shall not immediately surrender the Premises on the day after at the expiration or termination of the Term, Term then Tenant shall, at Landlord's electionby virtue of the provisions of this Section 21, become a tenant by the month. In such event Tenant at sufferance at a monthly rental equal shall be required to twice pay one hundred fifty percent (150%) of the amount of the Monthly Base Rent for then in effect and as subsequently escalated in accordance with the provisions hereof, together with all Additional Rent in effect during the last month of the Term commencing said monthly tenancy with the first day next after the end of the Term. ; and said Tenant, as a tenant at sufferancemonth-to-month tenant, shall be subject to all of the conditions and covenants of this Lease (including payment of Percentage Rent and Additional Rent) as though the tenancy same had originally been a monthly tenancy, except as otherwise provided above with respect to the payment of Rent. During any holdover period, each Each party hereto shall give to the other at least thirty (30) days' prior written notice to quit the Premises, except in the event of a nonpayment non-payment of Monthly Base Rent, Percentage Rent or of Additional Rent provided for herein when due, or of the breach of any other covenant by the said Tenant, in either of which events event, Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's days' notice to quit being expressly waived. The foregoing notwithstanding; provided, however, that in the event that Tenant shall hold over after expiration of the Term, and if Landlord shall desire to regain possession of said Premises promptly at the expiration of the Term, then at any time prior to the acceptance of the Rent by Landlord from Tenant, as a monthly tenant hereunder, Landlord, at its election or option (and in lieu of accepting such holdover thereof)option, may re-enter reenter and take possession of the Premises forthwith, without process, or by any legal action or process in force in the jurisdiction in which the Building is located. Further, in the event Commonwealth of any such holdover to which Landlord objects, Tenant shall be liable to Landlord and any other tenants with an interest in the Premises for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord the reasonable value of its use of the Premises, which is hereby agreed to be two hundred percent (200%) the Rent under this Lease during the last month of the TermVirginia.

Hold Over. If Tenant fails to shall not immediately surrender the Demised Premises on the day after the expiration or termination of the Term, then Tenant shall, at Landlord's electionby virtue of this Lease, become a Tenant at sufferance at a monthly rental equal to twice (i) for each of the first three (3) months following the expiration or termination of the Term, one hundred fifty percent (150%) of the Monthly Base Rent due under the terms of this Lease for the last month preceding the expiration or termination of the Term, together with all 63 Additional Rent payable under this Lease, and (ii) thereafter, two hundred percent (200%) of the Monthly Base Rent due under the terms of this Lease for the month preceding the expiration or termination of the Term, together with all Additional Rent payable under this Lease. Tenant, as a tenant at sufferance, shall be subject to all of the conditions and covenants of this Lease (including payment of Percentage Rent and Additional Rent) as though the tenancy had originally been a monthly tenancy. During any holdover period, period each party shall give to the other at least thirty (30) days' days prior written notice to quit the Demised Premises, except in the event of a nonpayment of Monthly Base Rent, Percentage Rent or of Additional Rent when due, or of the breach of any other covenant by the Tenant, in either of which events Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's days notice to quit being expressly waived. The foregoing notwithstanding; provided, however, that in the event that Tenant shall hold over after expiration of the Term, then at any time prior to the acceptance, Landlord, at its election or option (and in lieu of accepting such holdover thereof)option, may re-enter and take possession of the Demised Premises forthwith, without process, or by any legal action or process in force in the jurisdiction in which the Building is located. Further, in the event of any such holdover to which Landlord objects, Tenant shall be liable to Landlord and any other tenants with an interest in the Premises for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord the reasonable value of its use of the Premises, which is hereby agreed to be two hundred percent (200%) the Rent under this Lease during the last month of the Term.

Hold Over. If Tenant fails to shall not immediately surrender the Premises on the day after the end of the term hereby created, then Tenant shall, by virtue of this Lease, become, at Landlord's option, either (a) a tenant at sufferance, or (b) a tenant from month-to-month. In either of such events, rent shall be payable at a monthly or daily rate, as the case may be, of triple the Minimum Rent and Additional Rent payable by Tenant immediately prior to the expiration or termination of the Termterm, then Tenant shall, at Landlord's election, become a Tenant at sufferance at a monthly rental equal with said tenancy to twice commence on the Monthly Base Rent for first day after the last month end of the Term. Tenant, as a tenant at sufferance, term above demised; and said tenancy shall be subject to all of the conditions and covenants of this Lease insofar as such covenants and conditions are applicable thereto. Nothing contained in this Lease shall be construed as a consent by Landlord to the occupancy or possession of the Premises after the expiration of the term of this Lease. If Landlord fails to make an election under clause (including payment a) or (b) within ten (10) days after the expiration or termination of Percentage Rent and Additional Rent) the term, the hold-over tenancy shall be deemed to be a tenancy from month-to-month. If Tenant holds over as though the tenancy had originally been a monthly tenancy. During any holdover periodmonth-to-month tenant, each party hereto shall give to the other at least thirty (30) days' prior days written notice to quit the PremisesPremises (any right to a longer notice period being hereby expressly waived), except in the event of a nonpayment non-payment of Monthly Base Rent, Percentage Rent rent in advance or of the other Additional Rent Rents provided for herein when due, or of the breach of any other covenant by the said Tenant, in either of which events event Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's days notice to quit being expressly waived. The foregoing notwithstanding; provided, however, that in the event Tenant shall hold over after expiration of the Termterm hereby created, Landlordand if Landlord shall desire to regain possession of said Premises promptly at the expiration of the term aforesaid, then at any time prior to the date Landlord makes (or is deemed to have made) its election under clause (b) of this Section, Landlord at its election or option (and in lieu of accepting such holdover thereof)option, may re-enter and take possession of the Premises forthwith, without process, or by any legal action or process in force in the jurisdiction state in which the Building Premises is located. Further; provided, however, that if Landlord has accepted rent for any period beyond the expiration of the term and Tenant is not then in default under any of the event provisions of this Lease, Landlord shall promptly refund to Tenant an amount equal to any such holdover excess rental received by Landlord with respect to which any period after Landlord objects, Tenant shall be liable exercises its right to Landlord and any other tenants with an interest in re-enter the Premises for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord the reasonable value of its use of the Premises, which is hereby agreed to be two hundred percent (200%) the Rent under this Lease during the last month of the TermSection.

Hold Over. If Tenant fails to shall not immediately surrender the Premises on the day after the end of the term hereby created, then Tenant shall, by virtue of (his agreement, become, at Landlord's option, either (a) a tenant at sufferance, or (b) a tenant from month-to-month. In either of such events, rent shall be payable at a monthly or daily rate, as the case may be, of 150% the Minimum Rent and Additional Rental payable by Tenant immediately prior to the expiration or termination of the Termterm, then Tenant shall, at Landlord's election, become a Tenant at sufferance at a monthly rental equal with said tenancy to twice commence on the Monthly Base Rent for first day after the last month end of the Term. Tenant, as a tenant at sufferance, term above demised; and said tenancy shall be subject to all of the conditions and covenants of this Lease insofar as such covenants and conditions are applicable thereto. Nothing contained in this Lease shall be construed as a consent by Landlord to the occupancy or possession of the Premises after the expiration of the term of this Lease. If Landlord fails to make an election under clause (including payment a) or (b) within ten (10) days after the expiration or termination of Percentage Rent and Additional Rent) as though the term, the hold-over tenancy had originally been shall be deemed to be a monthly tenancytenancy from month-to-month. During any holdover periodIf Tenant holds over a month-to-month tenant, each party hereto shall give to the other at least thirty (30) days' prior written notice to quit the PremisesPremises (any right to a Ionger notice period being hereby expressly waived), except in the event of a nonpayment non-payment of Monthly Base Rent, Percentage Rent rent in advance or of the other Additional Rent Rents provided for herein when due, or of the breach of any other covenant by the said Tenant, in either of which events event Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's days' notice to quit being expressly waived. The foregoing notwithstanding; provided, however, that in the event Tenant shall hold over after expiration of the Termterm hereby created, Landlordand if Landlord shall desire to regain possession of said Premises promptly at the expiration of the term aforesaid, then at any time prior to the date Landlord makes (or is deemed to have made) its election under clause (b) of this Article 29, Landlord at its election or option (and in lieu of accepting such holdover thereof)option, may re-enter and take possession of the Premises forthwith, without process, or by any legal action or process in force in the jurisdiction state in which the Building Premises is located. Further; provided, in the event of any such holdover to which however, that if Landlord objects, Tenant shall be liable to Landlord and any other tenants with an interest in the Premises have accepted rent for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord period beyond the reasonable value of its use expiration of the Premisesterm and Tenant is not then in default under any of the provisions of this Lease, which is hereby agreed Landlord shall promptly refund to be two hundred percent (200%) Tenant an amount equal to any excess rental received by Landlord with respect to any period alter Landlord exercises its right to re-enter the Rent premises under this Lease during the last month of the TermArticle 29.

Hold Over. If Tenant fails to shall not immediately surrender the Premises on the day after at the expiration or termination of the Term, Term then Tenant shall, at Landlord's electionby virtue of the provisions of this Section 23, become a tenant by the month. In such event Tenant at sufferance at a monthly rental equal shall be required to pay twice the amount of the Monthly Base Rent for then in effect and as subsequently escalated in accordance with the provisions hereof, together with all Additional Rent in effect during the last month of the Term commencing said monthly tenancy with the first day next after the end of the Term. ; and said Tenant, as a tenant at sufferancemonth-to-month tenant, shall be subject to all of the conditions and covenants of this Lease (including payment of Percentage Rent and Additional Rent) as though the tenancy same had originally been a monthly tenancy, except as otherwise provided above with respect to the payment of Rent. During any holdover period, each Each party hereto shall give to the other at least thirty (30) days' prior written notice to quit the Premises, except in the event of a nonpayment of Monthly Base Rent, Percentage Rent or of Additional Rent provided for herein when due, or of the breach of any other covenant by the said Tenant, in either of which events event, Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's days' notice to quit being expressly waived. The foregoing notwithstanding; provided, however, that in the event that Tenant shall hold over after expiration of the Term, and if Landlord shall desire to regain possession of said Premises promptly at the expiration of the Term, then at any time prior to the acceptance of the Rent by Landlord from Tenant, as a monthly tenant hereunder, Landlord, at its election or option (and in lieu of accepting such holdover thereof)option, may re-enter reenter and take possession of the Premises forthwith, without process, or by any legal action or process in force in the jurisdiction in which the Building is located. Further, in the event of any such holdover to which Landlord objects, Tenant shall be liable to Landlord and any other tenants with an interest in the Premises for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord the reasonable value of its use of the Premises, which is hereby agreed to be two hundred percent (200%) the Rent under this Lease during the last month of the Term.

Hold Over. If Tenant fails to shall not immediately surrender the Premises on the day after at the expiration or termination of the Term, Term then Tenant shall, at Landlord's electionby virtue of the provisions of this Section 21, become a tenant by the month. In such event Tenant at sufferance at a monthly rental equal shall be required to twice pay one hundred fifty percent (150%) of the amount of the Monthly Base Rent for then in effect and as subsequently escalated in accordance with the provisions hereof, together with all Additional Rent in effect during the last month of the Term commencing said monthly tenancy with the first day next after the end of the Term. ; and said Tenant, as a tenant at sufferancemonth-to-month tenant, shall be subject to all of the conditions and covenants of this Lease (including payment of Percentage Rent and Additional Rent) as though the tenancy same had originally been a monthly tenancy, except as otherwise provided above with respect to the payment of Rent. During any holdover period, each Each party hereto shall give to the other at least thirty (30) days' prior days written notice to quit the Premises, except in the event of a nonpayment non-payment of Monthly Base Rent, Percentage Rent or of Additional Rent provided for herein when due, or of the breach of any other covenant by the said Tenant, in either of which events event, Tenant shall not be entitled to any notice to quit, the usual thirty (30) day's days notice to quit being expressly waived. The foregoing notwithstanding; provided, however, that in the event that Tenant shall hold over after expiration of the Term, and if Landlord shall desire to regain possession of said Premises promptly at the expiration of the Term, then at any time prior to the acceptance of the Rent by Landlord from Tenant, as a monthly tenant hereunder, Landlord, at its election or option (and in lieu of accepting such holdover thereof)option, may re-enter reenter and take possession of the Premises forthwith, without process, or by any legal action or process in force in the jurisdiction in which the Building is located. Further, in the event Commonwealth of any such holdover to which Landlord objects, Tenant shall be liable to Landlord and any other tenants with an interest in the Premises for any and all damages incurred as a result of such holdover, and shall in addition pay to Landlord the reasonable value of its use of the Premises, which is hereby agreed to be two hundred percent (200%) the Rent under this Lease during the last month of the TermVirginia.